Can I get punitive damages in a personal injury case?

What the Law Says

California law allows punitive damages in personal injury cases only under strict conditions. The key statute is Civil Code section 3294, which sets the legal standard and procedural requirements.

Punitive damages are not meant to compensate you for your injuries—they’re meant to punish the defendant and discourage similar conduct in the future.

To recover punitive damages, you must prove by 'clear and convincing evidence'—a higher standard than ordinary civil cases—that the defendant acted with 'oppression, fraud, or malice.'

Oppression means despicable conduct that subjects a person to cruel and unjust hardship. Fraud involves intentional misrepresentation or concealment. Malice means intentional conduct intended to cause injury or with willful disregard for the rights or safety of others.

Statutory Text

In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to any other damages, may recover damages for the sake of example and by way of punishing the defendant.

— Cal. Civ. Code § 3294(a) — Punitive damages

Statutory Text

Malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.

— Cal. Civ. Code § 3294(c)(1) — Definition of malice

What Courts Have Said

California courts have clarified how strictly § 3294 applies—and emphasized that punitive damages are the exception, not the rule.

What to Do

Sources